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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                      )                                
                                                                       
     In the Matter of                 )                                
                                                                       
     R-S Broadcasting Company, Inc.   )   File Number: EB-08-CF-0311   
                                                                       
     Licensee of Radio Station WCWV   )   NAL/Acct. No.: 200932340002  
                                                                       
     Facility ID # 54368              )   FRN: 0009053117              
                                                                       
     Summersville, West Virginia      )                                
                                                                       
                                      )                                


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                       Released: June 5, 2009

   By the Acting District Director, Columbia Field Office, Northeast Region,
   Enforcement Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that R-S Broadcasting Company, Inc. ("R-S Broadcasting"), licensee of
       station WCWV, in Summersville, West Virginia, apparently willfully and
       repeatedly violated Section 73.3526(e)(12)  of the Commission's Rules
       ("Rules") by failing to maintain radio issues/programs lists in the
       station's public inspection file. We conclude, pursuant to Section
       503(b) of the Communications Act of 1934, as amended ("Act"), that R-S
       Broadcasting is apparently liable for a forfeiture in the amount of
       ten  thousand dollars ($10,000).

   II. BACKGROUND

    2. On July 22, 2008, the Columbia Field Office received information
       regarding possible violations at station WCWV. In response, agents
       from the Columbia Field Office scheduled an inspection of station WCWV
       for August 15, 2008.

    3. On August 15, 2008, agents conducted an inspection at WCWV's main
       studio in Summersville, WV with the station's owner. While at the main
       studio, the agents reviewed the contents of the public inspection file
       and found that the public inspection file was missing some components.
       Specifically, the last date for the radio issues/programs lists was in
       2002. R-S Broadcasting is required to maintain in the public
       inspection file all quarterly radio issues/programs lists since the
       grant of the latest WCWV renewal application. WCWV's most recent
       license renewal was granted on September 25, 2003. In its renewal
       application, R-S Broadcasting certified in response to Section III,
       Question 3, that the public inspection file for WCWV had the proper
       documentation as required by 73.3526.

   III. DISCUSSION

    4. Section 503(b) of the Act provides that any person who willfully or
       repeatedly fails to comply substantially with the terms and conditions
       of any license, or willfully or repeatedly fails to comply with any of
       the provisions of the Act or of any rule, regulation or order issued
       by the Commission thereunder, shall be liable for a forfeiture
       penalty. The term "willful" as used in Section 503(b) has been
       interpreted to mean simply that the acts or omissions are committed
       knowingly. The term "repeated" means the commission or omission of
       such act more than once or for more than one day.

    5. Section 73.3526(e)(12) of the Rules requires AM and FM broadcast
       licensees to place in their public inspection file, for each quarter,
       a list of programs that have provided the station's most significant
       treatment of community issues during the preceding three month period.
       This list is known as the radio issues/programs list. R-S Broadcasting
       is required to maintain in WCWV's public inspection file all quarterly
       radio issues/programs lists since the grant date of the latest WCWV
       renewal application, which occurred on September 25, 2003. During an
       inspection on August 15, 2008, agents found that R-S Broadcasting had
       not placed in its public inspection file any issues/programs lists
       during the current license term. R-S Broadcasting was aware of the
       requirement to have a complete public inspection file, given its 2003
       certification in the WCWV renewal application that it was in full
       compliance with the public inspection file rules. We therefore
       conclude that the violation was willful. Because the violation
       occurred on more than one day, the violation was repeated.

    6. Based on the evidence before us, we find that R-S Broadcasting 
       apparently willfully and repeatedly violated Section 73.3526(e)(12) of
       the Rules by failing to maintain radio issues/programs lists in the
       station's public inspection file.

    7. Pursuant to The Commission's Forfeiture Policy Statement and Amendment
       of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines,
       ("Forfeiture Policy Statement"), and Section 1.80 of the Rules, the
       base forfeiture amount for violation of the public file rule is
       $10,000. In assessing the monetary forfeiture amount, we must also
       take into account the statutory factors set forth in Section
       503(b)(2)(E) of the Act, which include the nature, circumstances,
       extent, and gravity of the violations, and with respect to the
       violator, the degree of culpability, and history of prior offenses,
       ability to pay, and other such matters as justice may require.
       Applying the Forfeiture Policy Statement, Section 1.80 of the Rules,
       and the statutory factors to the instant case, we conclude that R-S
       Broadcasting is apparently liable for a ten thousand dollar ($10,000)
       forfeiture.

   IV. ORDERING CLAUSES

    8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended, and Sections 0.111, 0.311,
       0.314 and 1.80 of the Commission's Rules, R-S Broadcasting Company,
       Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in
       the amount of ten thousand dollars ($10,000) for violations of Section
       73.3526(e)(12) of the Rules.

    9. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
       Commission's Rules within thirty days of the release date of this
       Notice of Apparent Liability for Forfeiture, R-S Broadcasting Company,
       Inc. SHALL PAY the full amount of the proposed forfeiture or SHALL
       FILE a written statement seeking reduction or cancellation of the
       proposed forfeiture.

   10. Payment of the forfeiture must be made by check or similar instrument,
       payable to the order of the Federal Communications Commission. The
       payment must include the NAL/Account Number and FRN Number referenced
       above. Payment by check or money order may be mailed to Federal
       Communications Commission, P.O. Box 979088, St. Louis, MO 63197-9000.
       Payment by overnight mail may be sent to U.S. Bank - Government
       Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO
       63101. Payment by wire transfer may be made to ABA Number 021030004,
       receiving bank TREAS/NYC, and account number 27000001. For payment by
       credit card, an FCC Form 159 (Remittance Advice) must be submitted.
       When completing the FCC Form 159, enter the NAL/Account number in
       block number 23A (call sign/other ID), and enter the letters "FORF" in
       block number 24A (payment type code). Requests for full payment under
       an installment plan should be sent to:  Chief Financial Officer --
       Financial Operations, 445 12th Street, S.W., Room 1-A625, Washington,
       D.C.  20554.  Please contact the Financial Operations Group Help Desk
       at 1-877-480-3201 or Email: ARINQUIRIES@fcc.gov with any questions
       regarding payment procedures. If payment is made, R-S Broadcasting
       shall send electronic notification on the date said payment is made to
       NER-Response@fcc.gov.

   11. The response, if any, must be mailed to Federal Communications
       Commission, Enforcement Bureau, Northeast Region, Columbia Field
       Office, 9200 Farm House Lane, Columbia, MD, 21046 and must include the
       NAL/Acct. No. referenced in the caption.

   12. The Commission will not consider reducing or canceling a forfeiture in
       response to a claim of inability to pay unless the petitioner submits:
       (1) federal tax returns for the most recent three-year period; (2)
       financial statements prepared according to generally accepted
       accounting practices ("GAAP"); or (3) some other reliable and
       objective documentation that accurately reflects the petitioner's
       current financial status. Any claim of inability to pay must
       specifically identify the basis for the claim by reference to the
       financial documentation submitted.

   13. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
       for Forfeiture shall be sent by Certified Mail, Return Receipt
       Requested, and regular mail, to R-S Broadcasting Company, Inc. at its
       address of record.

   FEDERAL COMMUNICATIONS COMMISSION

   Richard M. Caine

   Acting District Director

   Columbia Field Office

   Northeast Region

   Enforcement Bureau

   47 C.F.R. S: 73.3526(e)(12).

   47 U.S.C. S: 503(b).

   See File No. BRH-20030602CAD filed June 3, 2003.

   Section 312(f)(1) of the Act, 47 U.S.C. S: 312(f)(1), which applies to
   violations for which forfeitures are assessed under Section 503(b) of the
   Act, provides that "[t]he term `willful', when used with reference to the
   commission or omission of any act, means the conscious and deliberate
   commission or omission of such act, irrespective of any intent to violate
   any provision of this Act or any rule or regulation of the Commission
   authorized by this Act...." See Southern California Broadcasting Co., 6
   FCC Rcd 4387 (1991).

   Section 312(f)(2) of the Act, 47 U.S.C. S: 312(f)(2), which also applies
   to violations for which forfeitures are assessed under Section 503(b) of
   the Act, provides that "[t]he term 'repeated', when used with reference to
   the commission or omission of any act, means the commission or omission of
   such act more than once or, if such commission or omission is continuous,
   for more than one day."

   47 C.F.R. S: 73.3526(e)(12).

   12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
   S:1.80.

   47 U.S.C. S: 503(b)(2)(E).

   47 U.S.C. S: 503(b), 47 C.F.R. S:S: 0.111, 0.311, 0.314, 1.80,
   73.3526(e)(12).

   See 47 C.F.R. S: 1.1914.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

                                       3

   Federal Communications Commission